Queensland Consolidated Regulations

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PLANNING REGULATION 2017 - SCHEDULE 7

SCHEDULE 7 – Accepted development

Part 1 - Building work

1 Building work declared under Building Act

Building work declared under the Building Act , section 21 to be accepted development.

2 Building work by or for the State or a public sector entity

(1) Building work, other than building work mentioned in section 1 , carried out by or for the State or a public sector entity, to the extent the building work complies with the relevant provisions for the building work.
(2) In this section—

"relevant provisions" , for building work, see the Building Act , section 21 (5) .

Part 2 - Material change of use

3 Material change of use for prescribed aquaculture

(1) A material change of use for prescribed aquaculture, if requirements for the material change of use are prescribed under the Fisheries Act , section 32 and the material change of use complies with the requirements.
(2) In this section—

"indigenous freshwater fish" means a fish that is—
(a) a freshwater fish as defined under the Fisheries (General) Regulation 2019 , schedule 11 ; and
(b) indigenous, within the meaning of the Fisheries Act , schedule 1 , definition indigenous fisheries resources , to—
(i) only Queensland freshwaters; or
(ii) both Queensland freshwaters and Queensland tidal waters.

"indigenous marine fish" means a fish that is indigenous, within the meaning of the Fisheries Act , schedule 1 , definition indigenous fisheries resources , to only Queensland tidal waters.

"prescribed aquaculture" means—
(a) the aquaculture of indigenous freshwater fish species only for aquarium display or human consumption carried out—
(i) in a river basin or catchment that the species is native to; and
(ii) in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or
(b) the aquaculture of indigenous freshwater fish only for aquarium display or human consumption, or of non-indigenous freshwater fish only for aquarium display, carried out using only above-ground tanks—
(i) that have a total floor area, excluding water storage area, of no more than 100m 2; and
(ii) that are impervious to predators and rainwater; or
(c) the aquaculture of indigenous marine fish only for aquarium display carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m 2.

4 Material change of use in a State forest

A material change of use in a State forest or timber reserve under the Forestry Act , if the material change of use is for 1 or more of the following—

(a) conservation;
(b) planting trees, or managing, felling and removing standing trees, in a plantation or native forest;
(c) grazing;
(d) recreation.

Part 3 - Operational work

5 Operational work for taking or interfering with water

(1) Operational work, other than PDA-related development, that involves taking or interfering with water in a watercourse, lake or spring, if—
(a) the taking or interfering is allowed under the Water Act , chapter 2 , part 3 , division 1 ; or
(b) the work involves the replacement of a pump and the capacity of the new pump to take water is no more than the capacity of the existing pump; or
(c) the work involves the installation of a pump to take water under a water entitlement that—
(i) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act ; or
(ii) states the rate at which water may be taken; or
(d) the interfering is allowed under a water licence under the Water Act and the work complies with the conditions of the licence; or
(e) the taking or interfering involves using a water truck to pump water.
(2) Operational work, other than PDA-related development, that—
(a) involves 1 or more of the following—
(i) taking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1) ;
(ii) taking or interfering with underground water through a subartesian bore;
(iii) taking overland flow water; and
(b) is—
(i) prescribed as not assessable development under the Water Act , section 39 (f) ; or
(ii) particular operational work that complies with the requirements prescribed under the Water Act , section 1014 (2) (g) .
(3) Operational work, other than PDA-related development, that—
(a) involves taking or interfering with underground water in part of an underground water area; and
(b) is prescribed as accepted development for the part under the Water Act , section 1046 (2) (b) .
Note—
See also the Water Act , section 1046 (3) .
(4) In this section—

"water entitlement" see the Water Act , schedule 4 .

6 Operational work for waterway barrier works

Operational work for constructing or raising waterway barrier works, if requirements for the work are prescribed under the Fisheries Act , section 32 and the work complies with the requirements.

7 Operational work in a declared fish habitat area

Operational work completely or partly within a declared fish habitat area, if requirements for the work are prescribed under the Fisheries Act , section 32 and the work complies with the requirements.

8 Operational work impacting on marine plants

Operational work that is the removal, destruction or damage of a marine plant, if requirements for the work are prescribed under the Fisheries Act , section 32 and the work complies with the requirements.

9 Operational work in wetland protection areas

Operational work in a wetland protection area that—

(a) is high impact earthworks; and
(b) is carried out for electricity operating works or government supported transport infrastructure; and
(c) complies with schedule 14 .

10 Operational work for tidal works or work within a coastal management district

Operational work that—

(a) is either of the following—
(i) tidal works;
(ii) work carried out completely or partly in a coastal management district that involves interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; and
(b) is undertaken—
(i) by a local government; or
(ii) by the Gold Coast Waterways Authority; or
(iii) by or for the department in which the Transport Infrastructure Act or the Transport Planning Act is administered; and
(c) complies with the requirements for the work prescribed under the Coastal Act , section 167 (5) (b) .

11 Operational work relating to levees

(1) Operational work that is the following, if the work complies with the requirements for the work stated in the Water Regulation , section 101A
(a) the construction of a new category 1 levee;
(b) the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee.
(2) In this section—

"category 1 levee" see the Water Regulation , section 101 (2) .

12 Operational work for clearing native vegetation

Operational work that is clearing native vegetation to which an accepted development vegetation clearing code applies if the work complies with the code.

13 Operational work for necessary firebreaks or fire management lines

Operational work in relation to which schedule 6 , part 3 , section 20A applies.



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